Event and Time
Event Description
This case involves an appeal by Ms. Percy (the mother) regarding parenting orders made by Carew J on January 23, 2019. The primary orders limited the mother's contact with her two children, C (born in 2013) and D (born in 2015), to none. The appeal contended that procedural fairness was denied during the original hearings.
Application and Claims
- The mother sought to overturn the parenting orders that denied her any contact with her children.
- The New South Wales Department of Communities and Justice expressed an intention to facilitate supervised visitation for the mother to see the children.
- The mother requested a costs certificate under subsection 9 of the Federal Proceedings (Costs) Act 1981 (Cth) given the appeal raised a legal question and resulted in unnecessary expenses.
Judicial Decisions
- The Full Court allowed the appeal, recognizing an appealable error based on a lack of procedural fairness.
- Paragraphs 6 and 8 of the original orders were set aside, establishing rights for the mother to see her children periodically under supervision.
- A costs certificate was granted to the mother.
Dispute Points and Legal Basis
Dispute Points
- Claim from the Mother:
- Denial of procedural fairness as she was not given a reasonable opportunity to make submissions or question witnesses about the impact of no contact with her children. - Request for an order for supervised contact with the children.
- Claims from the Department and Independent Children's Lawyer (ICL):
- Jointly agreed that the mother had been denied procedural fairness and supported the appeal. - Did not contest the request for a costs certificate.
- Father's Position: